The PTI on Saturday filed a petition in the Lahore High Court, requesting it to direct the Election Commission of Pakistan (ECP) to notify new MPAs on reserved seats in the Punjab Assembly after they fell vacant following the electoral body’s decision to de-seat 25 dissident lawmakers of the party.
Earlier this month, the commission had officially de-seated 25 MPAs of the PTI – including five elected on seats reserved for women and minorities -- for defying party directives and voting for PML-N’s Hamza Shehbaz for the post of the Punjab chief minister.
A petition filed by PTI's parliamentary leader in the Punjab Assembly Mohammad Sibtain Khan through his lawyer Amir Saeed Rawn read that according to Article 104 (5) of the Election Act, 2017, "Where a seat reserved for women or non-Muslims in an Assembly falls vacant as a result of death, resignation or disqualification of a member, it shall be filled in by the next person in order of precedence from the party's list of candidates submitted to the Commission”.
The petition further stated that Sibtain had submitted the party's priority list to the ECP, according to which Batool Janjua, Saira Raza and Fouzia Abbas were named for the reserved seats for women while Habkook Gill and Samuel Yaqoob were nominated for minority seats.
However, the petition added that the ECP, Chief Election Commissioner Sikandar Sultan Raja and Provincial Election Commission, Punjab were not notifying them as members.
"The ladies and the minorities members who are on the priority list have again and again contacted the respondents and have submitted their declarations as per the election rules but the respondents are reluctant to get the documents and are not notifying them."
The petition read that Sibtain had also approached the Provincial Election Commission on May 23 and 25 to accept the declarations list and documents and forward it to the chief election commissioner but the respondent was “reluctant” and “giving deaf ear to the lawful request".
Referring to Article 106, which is related to the structure of provincial assemblies, the petition stated that the respondents were violating the Constitution and not acting in accordance with the law by not notifying the new members.
The petition maintained that the respondents were acting so to "favour the government party in Punjab".
It requested the court to direct the ECP, chief election commissioner and Provincial Election Commission to notify the five new MPAs and summon them personally to ensure that they implemented Article 106 of the Constitution and Article 104 (5) of the Elections Act, 2017.
The court has fixed the petition for hearing on Monday.
Separately, after the PTI, the PML-N has also approached the ECP for notifying the members of the five reserved seats in the provincial assembly.
The commission has fixed the date of June 2 for hearing the PML-N’s application.
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